V. Sudan
1.Security Council Recognizes Results of Sudan Referendum
2.Citizenship Rights in Africa Initiative-Submission to the AU Peace and Security Council on the right to a nationality in the context of the referendum in Southern Sudan
3. Human Rights Watch-Sudan: New Attacks on Civilians in Darfur

The 16th African Union Summit was held from 24-31 January 2011 in Addis Ababa, Ethiopia and focused on the theme, Towards Greater Unity and Integration through Shared Values. The agendas of the Executive Council and the Assembly of the Union focused in part on issues regarding the present state of peace and security in Africa. In addition, the Peace and Security Council, in its 259th meeting, focused on the situation in Côte d’Ivoire and established a High-Level Panel to address the ongoing crisis. The actions of the Assembly, Executive Council, and Peace and Security Council relevant to RtoP have been highlighted below.

The Assembly of the Union issued the following:

Decision on the Implementation of the Decisions on the International Criminal Court
The Assembly expressed support and endorsement of Kenya’s request for a deferral of the International Criminal Court investigations and prosecutions into the 2008 electoral violence, and called on the UN Security Council to consider its request to defer proceedings against President Bashir of Sudan.
See Civil Society letter calling for support of the ICC.

Solemn Declaration of the Assembly of the Union of Sudan
The Heads of State and Government of the AU congratulated the people of Sudan for the success of the referendum and called on the governments of Sudan and South Sudan to take effective measures to resolve the remaining issues of the Comprehensive Peace Agreement, such as the question of Abyei. In regards to the crisis in Darfur, the AU called on the UN Security Council to invoke Article 16 of the Rome Statute and suspend any actions against President Bashir. The Assembly also called on the armed movements in the region to participate in the Doha peace talks with the goal of achieving a peace agreement in Darfur.

Decision on the Report of the Peace and Security Council on its Activities and the State of Peace and Security in Africa
This decision examined the overall state of peace and security on the continent, including in Sudan and Côte d’Ivoire. In regards to the current situation in Sudan, the AU welcomed the peaceful holding of the referendum on the self-determination of Southern Sudan, and expressed its concern for security in Darfur. The AU called for the immediate end of hostilities and all acts of violence in the region.

The AU expressed its concern for the current situation in Côte d’Ivoire and commended the actions of ECOWAS, the AU Commission, and all international leaders that have participated in trying to resolve the political crisis. Furthermore, the Assembly called for the AU Commission and ECOWAS to continue in their pursuit of an immediate peaceful solution “that respects democracy and the will of the people as expressed on 28 November 2010 and preserves peace in the country.”

See the Assembly of the Union Decisions, Declarations and Resolutions here.

The Executive Council issued the following:

Decision on the 2010 Activity Report on the African Court on Human and Peoples’ Rights
The Executive Council, in response to the report of the African Court on Human and Peoples’ Rights, stressed the need to empower the Court “to be seized with cases of crimes against humanity, war crimes and crimes of genocide.”

The Peace and Security Council of the African Union issued the following:

Inaugural Meeting of the High-Level Panel of the African Union on Côte d’Ivoire
On January 31, 2011 the Peace and Security Council of the African Union established a High-Level Panel on Côte d’Ivoire composed of the heads of state of Tanzania, Mauritania, Burkina Faso, Chad, and South Africa to find a solution to the political crisis. The Panel decided to constitute a team of experts which, after visiting the country and meeting with the parties involved, will report their findings to the High-Level Panel. A legally binding settlement to the situation in Côte d’Ivoire is expected from within one month’s time.

See the press release on the meeting here.See the full article on the team of experts here.

Secretary-General Ban Ki-moon said today the United Nations must perform its duty to protect peoples from man-made or natural calamities more effectively, stressing that when sovereign States fail in the task the international community must step in, with force if needed.

“The founders of the United Nations understood that sovereignty confers responsibility, a responsibility to ensure protection of human beings from want, from war, and from repression,” he declared in the Cyril Foster lecture at Oxford University, as prepared for delivery. “When that responsibility is not discharged, the international community is morally obliged to consider its duty to act in the service of human protection.” (...)

(...) Turning to prevention, he noted that in 2010 alone, the UN supported 34 different mediation, facilitation and dialogue efforts, including easing the crisis in Kyrgyzstan and keeping the transition to democracy on track in Guinea.

On the third issue – an end to impunity – Mr. Ban cited the UN courts trying perpetrators for gross human rights violations in Rwanda and former Yugoslavia, and stressed that “it is essential that we stand firm in support” of the tribunal set up to try suspects in the 2005 murders of former Lebanese Prime Minister Rafiq Hariri and 22 others.(...)

(...)“We must ask ourselves: Have our strategies and our operational practice on the ground kept pace with the ever-increasing demand for human protection?” Mr. Ban said in conclusion. “We must concede that our words are ahead of our deeds. But I am convinced this is a challenge we can meet. Momentum is on our side.

“What is required is shared responsibility between Member States and the leadership of the UN. Together, we can answer the cry of that child at the beginning of my lecture, somewhere caught in the crossfire and wondering: Can the world hear my call? Who will help me and my family?”

GENEVA– “The horrors of the Holocaust, perpetrated with such systemic cruelty on such a large population over so many years, remain as painful to fathom today as ever. (…)

(…) And we must not underestimate the importance of bringing to justice, through individual criminal responsibility, perpetrators of these crimes. The recent international ad hoc tribunals, established to deal with genocide, war crimes and crimes against humanity in Rwanda and the former Yugoslavia, as well as the International Criminal Court, owe a debt to the precedents set by the Nuremberg trials, and several subsequent tribunals, which resulted in successful prosecutions. In this connection, I reiterate my call to States to ratify the Statute of the International Criminal Court, which is similarly built on a clear commitment to put an end to impunity. (…)

A distinct and practical agenda for atrocity prevention has proven difficult to articulate. Concrete policy development has been frustrated in part by the complex relationship between mass atrocities and armed conflict. Some assume a direct casual link and conclude that reinforcing existing efforts to prevent armed conflict remains the most effective approach to genocide and mass atrocity prevention.

Yet not all conflicts give rise to mass atrocities, and many atrocities occur in the absence of armed struggle. In cases such as Bosnia, Rwanda, and Sudan, international efforts to secure peace settlements distracted attention from, and ultimately enabled, ongoing and imminent atrocities.

In a new policy analysis brief from the Stanley Foundation, Alex Bellamy considers the dynamics of the relationship between conflict and atrocity prevention. He stresses that, while conflict prevention is central to preventing mass atrocities, effective atrocity prevention demands something more—tailored engagement targeting both peacetime atrocities and those committed within a context of armed conflict.

What is required, he argues, is an “atrocity prevention lens” to inform and, where appropriate, direct policy development and decision making across the full spectrum of prevention-related activities. With the focus this lens provides, governments and international organizations can implement effective operational approaches to address the complex challenges of atrocity prevention.

The following Security Council press statement was issued on 18 January by Council President Ivan Barbalić ( Bosnia and Herzegovina): (…)

(…)The members of the Security Council welcome the conclusion of a largely peaceful and orderly voting period for the Southern Sudan referendum, and strongly support timely and transparent Popular Consultations in Southern Kordofan and Blue Nile States. They commend the leadership shown by the parties to the Comprehensive Peace Agreement (CPA), and the work of the Southern Sudan Referendum Commission (SSRC) and the Southern Sudan Referendum Bureau for this important step towards full implementation of the CPA, and congratulate the United Nations Mission in Sudan (UNMIS) for the support that it has provided. (…)

(…) The members of the Council deplore the violence that occurred in Abyei during the polling period. The members reiterate their deep concern about the absence of an agreement on Abyei. They stress the utmost importance of continued implementation of the CPA and urge the parties to reach quickly an agreement on Abyei and other critical issues, including border demarcation, security arrangements, citizenship, debts, assets, currency and natural resource arrangements.(…)

(…)The members of the Council underline the need for the CPA parties to promote calm, including by providing immediate and ongoing reassurance to people of all nationalities in Sudan, including southerners in the North and northerners in the South, that their rights, safety and property will continue to be respected. They urge the CPA parties to respect their obligations.(…)

(…)The members of the Security Council reaffirm support for the African Union-United Nations-led peace process for Darfur, hosted by the Government of Qatar and urge all groups to join the process without further delay or preconditions.

2. Submission to the AU Peace and Security Council on the right to a nationality in the context of the referendum in Southern Sudan
Citizenship Rights in Africa Initiative
26 January 2011

The undersigned civil society organizations, who are supporters of the Citizenship Rights in Africa Initiative, a campaign for the right to nationality in Africa, present our complements to the members of the AU Peace and Security Council (PSC). We make this submission to request the PSC to take all necessary steps to ensure that the right to a nationality is respected for all following the anticipated secession of Southern Sudan to become a new state on 9 July 2011, and, in case of need, to take appropriate steps to ensure that this question does not form the basis for a serious conflict between the two states. (…)

(…)In summary, we urge you to ensure that, in the interests of the peace and security of the region, both the Republic of Sudan and the future government of South Sudan rapidly adopt nationality laws that, at minimum:
• Do not discriminate on the basis of race, ethnicity, language, religion, gender or any similar ground prohibited by the African Charter on Human and Peoples’ Rights;
• Provide those who have a connection to both states with a right to opt for their preferred nationality during a transitional period;
• Provide for dual nationality between north and south; and, at minimum, permit dual nationality by naturalisation following the option for an initial nationality;
• Provide for due process in the process of withdrawal or grant of nationality; and
• Provide guarantees against statelessness.

We reiterate our commitment to work closely with the PSC for the realisation of these objectives and assure you of our greatest respect.

3. Sudan: New Attacks on Civilians in Darfur; South Sudan Referendum Should Not Distract From New Abuses
Human Rights Watch
28 January 2011

(New York) - Sudanese government and rebel attacks on civilians in Darfur have dramatically increased in recent weeks without signs of abating, Human Rights Watch said today. The government of Sudan, its allied forces, and rebel factions should end abuses against civilians, and concerned governments - still focused on South Sudan's referendum - should press for an end to unlawful attacks and accountability for abuses, Human Rights Watch said.

"While the international community remains focused on South Sudan, the situation in Darfur has sharply deteriorated," said Daniel Bekele, Africa director at Human Rights Watch. "We are seeing a return to past patterns of violence, with both government and rebel forces targeting civilians and committing other abuses." (…)

According to the United Nations, the violence in December alone caused 40,000 people to flee their homes. Many are taking refuge near African Union/United Nations Mission in Darfur (UNAMID) bases in Khor Abeche, Shearia, and Shangil Tobayi.

Sudan has continued to restrict UN and humanitarian agencies from accessing conflict-affected areas, including Tabit, the site of the January 25 clash. The government also still bars access to much of eastern Jebel Mara where, since early 2010, government forces and militias have clashed with the SLA faction led by Abdel Wahid al-Nur, and attacked civilians from the majority Fur ethnicity. Humanitarian agencies have also been denied access from the Wada'a and Khazan Jedid areas, between North and South Darfur. (…)

(…) The Sudanese government has not carried out its commitments to disarm militias or improve accountability for past and ongoing human rights violations. It has yet to prosecute anyone who participated in a brutal attack on Tabrat, North Darfur in early September that killed more than 37 civilians. The government has also not taken concrete steps to carry out the justice recommendations of High-Level Panel of the African Union on Darfur - the so-called Mbeki panel - which recommended the establishment of hybrid courts and promoted legal reforms to bring justice to this troubled region of Sudan.

"President Bashir and the people of Sudan should be congratulated for holding a peaceful referendum on southern secession, but that smooth process does not exonerate Sudan's leaders for ongoing abuses in Darfur," Bekele said. "Concerned governments should urgently and forcefully press both Khartoum and rebel movements to end their abuses of civilians in Darfur, grant humanitarian access to affected areas, and ensure accountability for war crimes."

Washington, DC — With the African Union (AU) intensifying efforts to resolve the ongoing political stalemate in Cote d'Ivoire, concern is growing about the widening impact of the crisis. In the wake of presidential elections, clashes have spread within Cote d'Ivoire and refugees are pouring into neighboring Liberia.(…)

(…)"The decision to mount another mission supported by an expert group was made by consensus," according to Liberian Foreign Minister Togo McIntosh, who accompanied President Ellen Johnson Sirleaf to the closed-door summit session in Addis Ababa. "That meeting gave us some confidence that the cracks we had seen in the preceding two weeks were disappearing and that Africa could once again speak with one voice on the issue," he said in an interview in Washington.(…)

(…)However, the united African front was dented this week when Ecowas president James Victor Gbeho of Ghana complained that the presence of a South African naval replenishment ship in waters off Cote d'Ivoire could encourage Gbagbo to hold onto power. The charge was dismissed by South Africa's ambassador to Nigeria, Kingsley Mamabolo, who told AFP "there is nothing amiss about the vessel," which he said could be used to evacuate civilians or host negotiations and was not on a military mission.

His comments reflect the view that South Africa, along with Angola, Cape Verde, Gambia, Uganda and Zimbabwe have been tilting in favor of Gbagbo. Those governments viewed as backing Ouattara include Nigeria, Senegal, Kenya and Burkina Faso.(…)

(…)President Johnson Sirleaf has also played an influential role behind the scenes, her foreign minister said. She was asked to be a member of the first Ecowas delegation to Abidjan but decided to participate in other ways, he said, including being constantly engaged by telephone. He said the views she presented during the AU summit debate were well received by the leaders taking part. Liberia and Cote d'Ivoire's other next-door neighbors - Sierra Leone, Guinea - have been among the strongest backers of negotiations, along with Ghana, Libya, Congo, Gabon, Cameroun and Tanzania.

The impact of the Ivorian crisis on Liberia has been significant, and the toll is rising. The flow of Ivorians fleeing across the border began as soon as tensions rose, immediately after the election results were announced. Well over 30,000 refugees are spread among more than two-dozen Liberian villages, according to UNHCR, the United Nations refugee agency. (…)

The U.S., Britain and France are seeking to increase pressure on Laurent Gbagbo to give up the presidency of Ivory Coast by imposing United Nations sanctions on Gbagbo, his wife and three top aides.

The initiative, which requires the unanimous consent of all 15 member governments of the UN Security Council, has met resistance from Russia, Ambassador Vitaly Churkin said.

“We didn’t say no, but maybe we are not prepared to accept them,” Churkin said. “With this mediation effort by the African Union, my immediate reaction is that it is not very timely. Maybe we will wait a few days, then we will assess the situation and make a decision. Now our priority is this mission of the AU.”

As Secretary-General Ban Ki-moon kept up his diplomatic push for a speedy solution to the post-electoral crisis in Côte d’Ivoire, United Nations agencies called for urgent funding today, warning that refugees fleeing to neighbouring Liberia could top 100,000 by the end of April.

Mr. Ban met today in Addis Ababa, Ethiopia, with President Goodluck Jonathon of Nigeria, who has played a major role in trying to solve
the crisis resulting from former president Laurent Gbagbo’s refusal to leave office despite his UN-certified defeat by opposition leader Alassane Ouattara.

The Secretary-General has repeatedly called on Mr. Gbagbo to step down. In his talks with Mr. Jonathon, he stressed the need for an early solution to the impasse consistent with the will of the Ivorian people as expressed in the November presidential run-off election, which was meant to be a culminating point in reunifying a country split by civil war in 2002 into a Government-controlled south and a rebel-held north.

The resulting turmoil, much of it involving Gbagbo loyalist forces attacking civilians and UN convoys in Abidjan, the commercial capital, as well as ethnic strife in the west of the country, has displaced tens of thousands of people, with 32,000 fleeing to Liberia as of the end of last week.

“UN agencies have voiced concerns that if the current trends in refugee influx continue, by mid-February there could be as many as 50,000 refugees in Liberia and 100,000 by the end of April,” the UN Office for the Coordination of Humanitarian Affairs (OCHA) said in its latest update on the situation today, stressing the urgent need to repair roads due to the upcoming rainy season in April, which will restrict access to many of the 32 Liberian villages hosting refugees.

See full article
See article about IDPs in Cote D’Ivoire
See article about concern at violence against children in Cote D’Ivoire

The Responsibility to Protect is an evolving norm with tremendous potential to advance the international community's capacity to address the threat of atrocity crimes and to advance the United Nations' role in effective peacebuilding. Since its formal adoption during the 2005 World Summit, R2P has met with both enthusiasm and skepticism. Where does it stand today? What momentum is moving it forward; what obstacles does it face? What practical measures need to be created or enacted to make it a reality? What would a robust R2P "tool-kit" look like? What steps is civil society taking - or could take - to help build capacity and trust for the full implementation of the norm?"